Bill Text: NY A01193 | 2013-2014 | General Assembly | Introduced

---

Bill Title: Allows for two or more counties to enter into a contract for the provision of a county jail.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-01-08 - referred to correction [A01193 Detail]

Download: New_York-2013-A01193-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1193
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
         tee on Correction
       AN ACT to amend the county law and the correction law,  in  relation  to
         allowing  two  or  more  counties  to  enter  into  a contract for the
         provision of a county jail
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  217  of  the  county  law  is amended to read as
    2  follows:
    3    S 217.  County  jail.  [Each]  EXCEPT  AS  PROVIDED  BY  SECTION  FIVE
    4  HUNDRED-P  OF THE CORRECTION LAW, EACH county shall continue to maintain
    5  a county jail as prescribed by law.
    6    S 2. The correction law is amended by adding a new  section  500-p  to
    7  read as follows:
    8    S 500-P. AUTHORIZATION FOR SHARED COUNTY JAILS. 1. NOTWITHSTANDING ANY
    9  OTHER  PROVISION  OF  LAW  TO  THE  CONTRARY,  A COUNTY MAY ENTER INTO A
   10  CONTRACT WITH ANOTHER  COUNTY  OR  WITH  THE  STATE,  TO  SHARE  IN  THE
   11  CONSTRUCTION,  FINANCING, IMPROVEMENT, AND MAINTENANCE OF A COUNTY JAIL.
   12  SUCH CONTRACTS,  IF  ENACTED,  MAY  RUN  CONCURRENT  WITH  ANY  BOND  OR
   13  LONG-TERM  FINANCING  ASSOCIATED WITH THE CONSTRUCTION OF OR IMPROVEMENT
   14  TO A COUNTY JAIL.
   15    2. AN  AGREEMENT  BETWEEN  TWO  OR  MORE  COUNTIES  TO  SHARE  IN  THE
   16  CONSTRUCTION,  FINANCING,  IMPROVEMENT, AND MAINTENANCE OF A COUNTY JAIL
   17  PURSUANT TO THIS SECTION SHALL INCLUDE A PROVISION FOR THE PROPORTIONATE
   18  COST, INCLUDING COSTS ASSOCIATED WITH BONDING, TO BE BORNE BY EACH COUN-
   19  TY. THE CONTRACTING COUNTIES MAY AGREE THAT  THE  BONDING  OR  FINANCING
   20  MECHANISM  FOR  THE  PROVISION  OF A COUNTY JAIL MAY BE AMENDED UPON THE
   21  MUTUAL CONSENT OF EACH CONTRACTING  COUNTY'S  LEGISLATURE  OR  BOARD  OF
   22  SUPERVISORS, AND IF THE COUNTY HAS A COUNTY EXECUTIVE, UPON THE APPROVAL
   23  OF THE COUNTY EXECUTIVE. THE DISAPPROVAL OF A COUNTY EXECUTIVE, HOWEVER,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02982-01-3
       A. 1193                             2
    1  MAY BE OVERRIDDEN BY THE VOTE OF TWO-THIRDS OF THE GOVERNING BODY OF THE
    2  COUNTY.
    3    3.  IF  TWO  OR  MORE COUNTIES ENTER INTO AN AGREEMENT TO SHARE IN THE
    4  CONSTRUCTION, FINANCING, IMPROVEMENT, AND MAINTENANCE OF A COUNTY  JAIL,
    5  THE  JAIL  SHALL  BE PHYSICALLY LOCATED IN ONE OF THE COUNTIES WHICH ARE
    6  SUBJECT TO THE AGREEMENT.
    7    4. A COUNTY MAY CONTRACT WITH ANOTHER COUNTY TO SHARE  THE  FINANCING,
    8  MAINTENANCE, AND IMPROVEMENT TO AN EXISTING JAIL OF ANOTHER COUNTY WHERE
    9  SUCH  OTHER  COUNTY ALREADY HAS AN EXISTING JAIL THAT MEETS THE REQUIRE-
   10  MENTS OF THE STATE COMMISSION ON CORRECTION OR WHICH  HAS  A  WAIVER  OR
   11  VARIANCE FROM ALL OR A PORTION OF SUCH REQUIREMENTS.
   12    S 3. This act shall take effect immediately.